Shinde vs Thackeray : Who Is The Real Shiv Sena? 10th Schedule Clinches The Issue - PDT Achary | Full Text Of Interview

PDT Achary, the former Secretary General of Lok Sabha, opined that the tenth schedule of the Constitution plays an important role in determining which faction can claim to be the real political party following a rift.In this regard, he referred to Explanation (a) to the second paragraph of the tenth schedule of the Constitution, which says "an elected member of a House shall be deemed to...

Scope Of Interference In Criminal Appeal By Special Leave Under Article 136 Of Constitution : Supreme Court Explains

In a judgment dismissing a criminal appeal, the Supreme Court explained the scope of criminal appeals by special leave under Article 136 of the Constitution of India.The power under Article 136 is exercisable only when this Court is satisfied that it is necessary to interfere in order to prevent grave or serious miscarriage of justice, the court said. Referring to earlier judgments, the...

Quality Of Legislative Performance Declining In Country; Laws Being Passed Without Detailed Deliberation & Scrutiny : CJI Ramana

Chief Justice of India NV Ramana on Saturday said that there is a general decline in the legislative performance in the country and that laws are being passed without due deliberation and scrutiny.Addressing a meeting at the Legislative Assembly of Rajasthan on the topic "75th year of Parliamentary democracy", the CJI said :"I hope I am proved wrong. But, sadly, the country is witnessing...

Ready Reckoner Rates Meant For Calculation Of Stamp Duty Cannot Be The Basis For Determination Of Land Acquisition Compensation: Supreme Court

The Supreme Court observed that prices mentioned in the Ready Reckoner meant for calculation of the stamp duty cannot be the basis for determination of the compensation under the Land Acquisition Act.In this case, the Bombay High Court, allowing appeal of land owners/claimants enhanced the amount of compensation for the lands acquired mainly relying upon the prevailing Ready Reckoner rates of...

"Hasty Arrests, Difficulty In Obtaining Bail" : CJI Says "Process Is Punishment" In Our Criminal Justice System

Laying emphasis on hasty indiscriminate arrests and difficulty in obtaining bail, Chief Justice of India NV Ramana on Saturday said that the process which led to prolonged incarceration of undertrials needed urgent attention. "In our criminal justice system, the process is the punishment. From hasty indiscriminate arrests, to difficulty in obtaining bail, the process leading to...

Subsequent SC Decisions Which Have Considered & Distinguished Earlier Judgments Binding On High Courts : Supreme Court

The Supreme Court observed that its subsequent decisions which have considered and distinguished the earlier decisions are binding on High Courts.Not following the binding precedents of this Court by the High Court is contrary to Article 141 of the Constitution of India, the bench comprising Justices MR Shah and BV Nagarathna said.In this case, the High Court of Karnataka set aside the...

"Non-Filling Up Of Judicial Vacancies Major Reason For Pendency" : CJI Ramana Responds To Law Minister

Responding to the concerns expressed by Union Minister for Law and Justice Kiren Rijiju regarding the huge case backlogs in the country, Chief Justice of India NV Ramana on Saturday reiterated that the non-filling up of judicial vacancies was the major reason for the pendency of cases in the country.The Law Minister and the Chief Justice were attending the All India Legal Services...

"3.5 Lakh Undertrial Prisoners" : Law Minister Appeals For Efforts To Release Maximum Undertrials

Union Minister for Law and Justice Kiren Rijiju has made an appeal to the State Legal Services Authorities to take efforts so that maximum undertrial prisoners can be relased by August 15, 2022, on the day of the 75th year of independence of India."I appeal to all the State Legal Services Authorities to further intensify their efforts to provide legal counsel/aid to the under-trial prisoners...

Inquiry In Anticipatory Bail Applications Must Be Limited To Applicant's Case, Can't Be Directed Against Third Parties : Supreme Court

The Supreme Court, on Thursday, held that it is not open for High Courts to implead third parties in exercise of powers under Section 438 of the Code of Criminal Procedure, the provision that deals with anticipatory bail. In a plea assailing interim orders of the Patna High Court which had issued notice seeking appearance of Sahara Chief Subrata Roy in anticipatory bail proceedings of...

Eknath Shinde Group Can't Claim To Be Real Shiv Sena Only Based On Majority In Assembly : PDT Achary [Video Interview]

PDT Achary, former Secretary General of Lok Sabha, explains in this interview with Manu Sebastian, Managing Editor of LiveLaw, the law relating to recognition of political parties following a split. Achary discusses the legal provisions in the context of the recent rebellion in Shiv Sena party in Maharashtra. This is the sequel to the interview published on July 1 regarding the application...

Unmarried Woman Pregnant Out Of Consensual Relationship Cannot Seek Termination Of Pregnancy After 20 Weeks: Delhi High Court

Refusing interim relief to a 25 year old unmarried woman seeking termination of her pregnancy of 23 weeks and 5 days, the Delhi High Court has observed that an unmarried woman, whose pregnancy arises out of a consensual relationship, is clearly not covered by any of the Clauses under the Medical Termination of Pregnancy Rules, 2003.The petitioner's pregnancy would complete 24 weeks on 18th...

Fact Check : Media Reports About Madras High Court's "Thali/Mangalsutra" Judgment Are Inaccurate

In the case reported by media, the High Court has not held that removal of thali by the wife by itself would amount to mental cruelty.